Fund Raising Agreement for Cherry Lane Golf CourseFUND RAISING AGREEMENT
This agreement entered into by and between the CITY OF MERIDIAN, a
municipal corporation organized and existing under the laws of the State of Idaho,
hereinafter referred to as "CITY", and PATSY FEDRIZZI, hereafter referred to as
"FEDRIZZI":
WITNESSETH
WHEREAS, CITY owns, or has the right to own, land upon which the
CITY intends to construct another nine golf holes which will become the second nine
holes for the CITY owned golf course, Cherry Lane Golf Course, which second nine
holes for the Cherry Lane Golf Course shall hereafter be referred to as the "SECOND
NINE"; and
WHEREAS, the CITY is in need of additional funds to construct and develop
the SECOND NINE and desires to raise the additional funds needed by asking for
donations to the CITY to be used for construction and development of the SECOND
NINE; and
WHEREAS, the CITY does not have CITY staff that have the time, knowledge
or experience to raise funds through donations; and
WHEREAS, the CITY desires to contract with a person who has experience in
fund raising through donations so that the CITY has a better opportunity to raise the
funds needed for the construction and development of the SECOND NINE for the
Cherry Lane Golf Course; and
WHEREAS, FEDRIZZI has experience in raising funds through donations and
desires to be involved in raising the funds for the SECOND NINE; and
WHEREAS, FEDRIZZI desires to be compensated for her efforts in raising
funds; and
WHEREAS, the CITY desires that FEDRIZZI be compensated for her fund
raising activities to give her incentive to raise the most possible; and
WHEREAS, both parties desires to have a contract to evidence the agreement
between them,
NOW, THEREFORE, in consideration of the recitals and undertakings
hereinabove and hereinbelow set forth, it is mutually covenanted and agreed by and
between the parties as follows:
SECTION 1. The above recitals are contractual and binding on the
parties and a part of this agreement as much as if set forth in full herein.
SECTION 2. The term of this Agreement shall be from the 1st day of
June 1995, until the 31st day of December, 1995; that this Agreement may be
extended for an additional time period, or , by agreement between the parties.
SECTION 3. From the commencing date, as above stated, FEDRIZZI
shall undertake efforts to raise and obtain contributions to the CITY for the
construction and development of the SECOND NINE holes of the Cherry Lane Golf
Course; that the contribution funds received shall to be used solely for the construction
and development of the SECOND NINE holes of Cherry Lane Golf Course and for
payment of the remuneration to FEDRIZZI; that the mutually agreed upon expenses
and costs of FEDRIZZI'S efforts shall be paid by CITY out of and from the donated
funds and not out of the fee that CITY is going to pay FEDRIZZI for her efforts and
activities.
SECTION 4. That FEDRIZZI shall require that all checks made for
donations shall be made payable to the CITY, within seven (7) days of receipt, all cash,
checks, or statements of service or product donations; that the CITY shall deposit all
cash and checks in the CITY's bank account and CITY shall keep a separate account
for said funds; the CITY shall keep in safekeeping all statements of service or product.
donations.
SECTION 5. That FEDRIZZI is not an employee of the CITY and shall
receive no benefits from the CITY. That this is a contract for an independent
contractor and FEDRIZZI shall maintain and pay for all of her own health and business
insurance, workmen's compensation insurance, and other insurance, such as liability
and automobile, for herself and her employees, if she has any.
SECTION 6. That CITY shall pay to FEDRIZZI ten percent (10%) of
the gross donations as compensation for her services; in the case if donation of services
or product, the donator shall state his value of the service or product in the statement of
donation; the CITY shall first determine whether the CITY is in need of the service or
product for the construction and development of the SECOND NINE and how much of
the service or product the CITY actually needs and can use; then the CITY shall
determine the appropriate value of the service or product which it needs; the
appropriate valuation given to the service or product shall be the figure that the CITY
shall use to determine the value of the donation and the ten percent (10%) paid to
FEDRIZZI for service or product donation shall be paid from the monetary funds
received by the CITY.
SECTION 7. FEDRIZZI shall keep books, accounts, and records that
reflect all revenues, expenditures, and activities in connection with the management and
operation of the donations for the construction and development of the SECOND
NINE. The CITY shall have the right to inspect the books, accounts and records at any
time. In the event of the termination of this Agreement, copies of any such records
shall be surrendered to CITY or its designated agent. It is anticipated that FEDRIZZI's
financial statements and records will be included in the Meridian City financial
statements.
4041,
IN WITNESS WHEREOF, this Agreement is executed as of this the .2t� '—
day of (SLC. , 1995.
FEDRIZZI
CITY
PATSY D' 1't
ATTES --.
Clerk, William G. Berg, Jr.
SEAL _
�'Sr is, -
ROSE (1915.1966)
JUun U. Pl a U.— , PA
WAYNE G. CROOKSTON, JR, PA
WILLIAM J. SCHWARTZ
JOHN O. FPIZGRRALD 11., PA
PETER W. WAR$ JR.
AMBROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS AT LAW
1530 WEST STATE - P.O. BOX 427
MERIDIAN, IDAHO 83680
THIS FIRM INCLUDES
PROFESSIONAL CORPORATIONS
August 16, 1995
Patsy Fedrizzi
10437 Shiloh Drive
Boise, ID 83704
RE: FUND RAISING FOR THE SECOND NINE
HOLES AT CHERRY LANE GOLF COURSE
Dear Patsy:
TELEPHONE (206) 66 W*1
FACSIMILE (206) 86&1969
Please find enclosed a draft of an agreement which Grant asked
me to prepare, which I felt was necessary to evidence the agreement
between you and the City for your fund raising efforts. This is
just a draft and contains some ideas that I had pertaining to the
agreement. Please review and get back to me with all of your
comments.
I had originally put in a bond requirement because you
possibly would have a substantial amount of funds on hand. Grant
said to remove it which I did. Then the Internal Revenue Service
came to the City to discuss matters and bonding requirements for
City officers and employees came up. Will then though it would be
a good idea to have a bond requirement in this agreement. Please
let me know what your thinking is on the bond.
If you have some reQ G=ant and seeor , I will certainly what he wants to dook at
them and discuss them with
Thank you very much for agreeing to perform the fund raising
for the back nine.
Very truly yours,
WA G. CROOKSTON, JR.
WGC/jld
cc: Grant Kingsford
Meridian City Mayor
��r�cl05ur-e)
FUND RAISING AGREEMENT
.s agreement entered into by and between the CITY OF
MERIDIAN, a municipal corporation organized and existing under the
laws of the State of Idaho, hereinafter referred to as "CITY", and
PATSY FEDRIZZI, hereafter referred to as "FEDRIZZI":
W I T N E S S E T H
WHEREAS, CITY owns, or has rights to own, land upon which the
CITY intends to construct another nine golf holes which will become
the second nine holes for the CITY owned golf course, Cherry Lane
Golf Course, which is now only a nine hole golf course, which
second nine holes for the Cherry Lane Golf Course shall hereafter
be referred to as the "SECOND NINE"; and
WHEREAS, the CITY is in need of additional funds to construct
and develop the SECOND NINE and desires to raise the additional
funds needed by asking for donations to the CITY to be used for
construction and development of the SECOND NINE; and
WHEREAS, the CITY does not have CITY staff that have the time,
knowledge or experience to raise funds through donations; and
WHEREAS, the CITY desires to contract with a person who has
experience in fund raising through donations so that the CITY has
a better opportunity to raise the funds needed for the construction
and development of the SECOND NINE for the Cherry Lane Golf Course;
and
WHEREAS, FEDRIZZI has experience in raising funds through
donations and desires to be involved in raising the funds for the
SECOND NINE; and
AGREEMENT FOR FUND RAISER
Page 1
WHEREAS, FEDRIZZI desires to be compensated for her efforts in
raising funds; and
WHEREAS, the CITY desires that FEDRIZZI be compensated for her
fund raising activities to give her incentive to raise the most
funds possible; and
WHEREAS, both parties desire to have a contract to evidence
the agreement between them,
NOW, THEREFORE, in consideration of the recitals and
undertakings hereinabove and hereinbelow set forth, it is mutually
covenanted and agreed by and between the parties as follows:
SECTION 1. The above recitals are contractual and binding
on the parties and a part of this agreement as much as if set forth
in full herein.
SECTION 2. The term of this Agreement shall be from the
day of , 1995, until the day of
, 1995; that this Agreement may be extended for an
additional time period, or , by agreement between the parties.
SECTION 3. From the commencing date, as above stated,
FEDRIZZI shall undertake efforts to raise and obtain contributions
to the CITY for the construction and development of the SECOND NINE
holes of Cherry Lane Golf Course; that the contributions funds
received shall to be used solely for the construction and
development of the SECOND NINE holes of Cherry Lane Golf Course and
for payment of the remuneration to FEDRIZZI; that the expenses and
costs of FEDRIZZI's efforts shall be paid by CITY out of and from
the donated funds and not out of the fee that CITY is going to pay
AGREEMENT FOR FUND RAISER Page 2
FEDRIZZI for her efforts and activities.
SECTION 4. That contributions to the City for the
construction and development of the SECOND NINE holes of Cherry
Lane Golf Course are deductible for charitable purposes from state
and federal taxes and FEDRIZZI shall inform prospective, and
actual, donors that any donations are tax deductible on their
income tax returns.
SECTION 5. That FEDRIZZI shall require that all checks
made for donations shall be made payable to the CITY; that she
deliver and turn over to the CITY, within seven (7) days of
receipt, all cash, checks, or statements of service or product
donations; that the CITY shall deposit all cash and checks in the
CITY's bank account and CITY shall keep a separate account for said
funds; the CITY shall keep in safe keeping all statements of
service or product donations.
SECTION 6. That FEDRIZZI shall, at a minimum, hold,
conduct and maintain parties for the promotion of people,
corporations, associations, and other entities, giving funds or
services or products as donations to the SECOND NINE; that she
shall also perform other activities to achieve donations to the
CITY for construction and development of the SECOND NINE.
SECTION 7. That FEDRIZZI is not an employee of the CITY
and shall receive no benefits from the CITY. That this is a
contract for an independent contractor and FEDRIZZI shall maintain
and pay for all of her own health and business insurance, workmen's
compensation insurance, and other insurance, such as liability and
AGREEMENT FOR FUND RAISER Page 3
automobile, for herself and her employees, if she has any.
SECTION B. That CITY shall pay to FEDRIZZI ten percent
(10%) of the gross donations as compensation for her services; in
the case of donations of service or product, the donator shall
state his value of the service or product in the statement of
donation; the CITY shall first determine whether the CITY is in
need of the service or product for the construction and development
of the SECOND NINE and how much of the service or product the CITY
actually needs and can use; then the CITY shall determine the
appropriate value of the service or product which it needs; the
appropriate valuation given to the service or product shall be the
figure that the CITY shall use to determine the value of the
donation and the ten percent (10%) to be paid to FEDRIZZI shall be
based on that valuation; the ten percent (10%) paid to FEDRIZZI for
service or product donation shall be paid from the monetary funds
received by the CITY.
SECTION 9. It is an express condition of this Agreement
that CITY shall be free from any and all liabilities and claims for
damages, fines, suits, liabilities, taxes, or claims for or by
reason of injury or injuries to any person or persons or damages to
property of any kind whatsoever, from any cause or causes
whatsoever during the term of this Agreement, or occasioned by
FEDRIZZI. FEDRIZZI shall indemnify, defend, save and hold harmless
CITY from and for any and all losses, claims, fines, actions,
judgments for damages, or injury to persons or property and losses
and expenses caused or incurred by CITY of any Donator of funds for
AGREEMENT FOR FUND RAISER Page 4
the construction and development of the SECOND NINE. The limits of
insurance shall not be deemed a limitation of the covenants to
indemnify, save, defend and hold harmless CITY; and if CITY becomes
liable for an amount in excess of the insurance limits, herein
provided, FEDRIZZI covenants and agrees to indemnify, save, defend
and hold harmless CITY from and for all such losses, claims,
actions, or judgments for damages or liability to persons or
property.
SECTION 10. FEDRIZZI shall keep books, accounts, and
records that reflect all revenues, expenditures, and activities in
connection with the management and operation of'the donations for
the construction and development of the SECOND NINE. The CITY
shall have the right to inspect the books, accounts and records at
any time. In the event of the termination of this Agreement,
copies of any such records shall be surrendered to CITY or its
designated agent. CITY and/or its designated representatives
reserve the right to require a financial audit of the FEDRIZZI's
financial statements, books, accounts and records, at any time.
Such audit to be at the sole expense of the CITY. It is
anticipated that FEDRIZZI's financial statements and records will
be included in the Meridian City financial statements.
SECTION 11. In the event of default of default by FEDRIZZI in
the due performance or observance of any of her agreements or
covenants contained in this agreement, which default shall have
continued for a period of five (5) days, in the case of failure to
deliver to the CITY any cash, checks, or statements of service or
AGREEMENT FOR FUND RAISER Page 5
product donation or fifteen (15) days in the case of other events
of default of the requirements of this Agreement, after written
notice specifying the default has been delivered to FEDRIZZI,
unless CITY shall agree in writing to an extension of such time
prior to its expiration, then CITY may:
(i) take possession of all donations which are still in
the possession of FEDRIZZI que exclude FEDRIZZI from
possession thereof and administer the same for the account of
the CITY, holding FEDRIZZI liable for the any balance due
hereunder;
(ii) CITY or its assigns may immediately terminate this
agreement without further notice as required hereunder,
exclude FEDRIZZI from possession of any donations, and at its
option, operate the fund raising activity for the account of
CITY, or assigning the fund raising activity to another
independent party without FEDRIZZI's written consent, holding
FEDRIZZI liable for all sums due prior to the date of
termination for all donations due prior to the date of
termination; or
(iii) CITY or its assigns may take whatever other action
at law or in equity as may be available to collect any sums
due hereunder, or to enforce any obligation, covenant, or
agreement of FEDRIZZI under this Agreement, or to collect
actual damages for breach of contract, or to effect or obtain
any other remedy available.
Whenever any such event of default shall have continued after
AGREEMENT FOR FUND RAISER Page 6
the notification of the default, CITY may terminate this agreement,
take all cash, checks, and statements of service or product, and
take over all activities of FEDRIZZI or assign them to another
independent contractor.
No remedy herein conferred upon, reserved, or waived by CITY
is intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this
Agreement or available at law or in equity.
SECTION 12. CITY and FEDRIZZI are not, and shall never be
considered, as joint venturers or partners of each other, and
neither shall have the power to bind or obligate the other except
as set forth in this Agreement. There shall be no liability on the
part of CITY or FEDRIZZI to any person, firm, or corporation for
any debts incurred by the other resulting from business conducted
by it unless CITY and FEDRIZZI agree in writing to pay such debt.
SECTION 13. The rights and obligations created hereunder
being in the nature of a contract for personal services, FEDRIZZI
shall not assign this Agreement or any interest hereunder to any
other party without written approval of CITY. CITY reserves the
right to terminate this Agreement upon thirty (30) days written
notice
SECTION 14.
A. This Agreement shall be governed by and construed in
accordance with the laws of the State of Idaho.
B. All terms and words used in this Agreement, regardless of
AGREEMENT FOR FUND RAISER
Page 7
the number and gender in which they are used, shall be deemed and
construed to include any other number, singular or plural, and any
other gender, masculine, feminine or neuter, as the context or
sense of this Agreement and any other paragraph or clause herein
may require, the same as=if such words had been fully and properly
written in such number and gender.
SECTION 15. FEDRIZZI, for herself, her personal
representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree that (1)
no person on the grounds of race, color, national origin, religion,
sex, age, marital status, veterans' status, physical or mental
handicaps for which reasonable accommodations can be made or other
non -meritorious factors or other factors which do not constitute
bona fide occupational requirements shall be excluded from
participation, denied the benefits of, or be otherwise subjected to
discrimination,
SECTION 16. This Agreement contains the entire agreement of
the parties and no representation, inducement, promise, agreement,
oral or otherwise, not embodied herein shall be of any force or
effect.
SECTION 17. No modification, amendment, deletion, addition
or other change in this Agreement, or any provision hereof, or
waiver of any right or remedy provided hereunder shall be effective
for any purpose unless specifically set forth in writing signed by
the party or parties to be bound thereby. The waiver of any right
or remedy in respect to any occurrence or event or non-occurrence
AGREEMENT FOR FUND RAISER Page 8
on one occasion shall not be deemed a waiver of such right or
remedy in respect to such occurrence, non-occurrence or event on
any other occasion.
SECTION 18. Notices to the parties shall be given by
mailing a copy of the same by first class mail to the respective
parties at the addresses set forth below:
PATSY FEDRIZZI
10437 Shiloh Drive
Boise, Idaho 83704
CITY OF MERIDIAN
Mayor Grant P. Kingsford
33 East Idaho Street
Meridian, Idaho 83642
SECTION 19. This Agreement shall be binding upon and inure
to the benefit of the parties hereto, their respective successors
and assigns. Provided, however, that this paragraph is to be in no
way construed as granting to FEDRIZZI the right to assign this
Agreement or any interest therein without the express prior written
approval of CITY, which approval may be withheld for any reason.
IN WITNESS WHEREOF, this Agreement is executed as of this the
day of
FEDRIZZI
BY:
PATSY FEDRIZZI
, 1995.
CITY
BY:
Mayor, GRANT P. KINGSFORD
ATTEST
Clerk, William g. Berg. Jr.
AGREEMENT FOR FUND RAISER Page 9
STATE OF T_DAHO,)
• ss.
County of Ada, )
On this day of , 1995, before me,
the undersigned, a notary public in and for said State, personally
appeared PATSY FEDRIZZI, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
she executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written.
SEAL
STATE OF IDAHO,)
SS.
County of Ada, )
NOTARY PUBLIC FOR IDAHO
RESIDING AT MERIDIAN, IDAHO
On this day of 11995, before me,
the undersigned, a notary public in and for said State, personally
appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me
to be the MAYOR and CITY CLERK of the CITY OF MERIDIAN, whose names
are subscribed to the foregoing instrument, and acknowledged to me
that they executed the same on behalf of said City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written.
SEAL NOTARY PUBLIC FOR IDAHO
RESIDING AT MERIDIAN, IDAHO
AGREEMENT FOR FUND RAISER Page 10